Jammu and Kashmir Cinematograph Act, 1989 (1933 A. D.)
No: 24 Dated: Feb, 21 1989
THE JAMMU AND KASHMIR CINEMATOGRAPH ACT, 1989 (1933 A. D.)
(Act No. XXIV of Samvat 1989)
An Act to make provision for regulating public exhibitions by means of Cinematographs within the State of Jammu and Kashmir.
Whereas it is expedient to make provision for regulating public exhibitions by means of cinematographs; It is hereby enacted as follows:-
1. Short title, extent and commencement. - (1) This Act may be called the Jammu and Kashmir Cinematograph Act, 1989 and shall apply to the whole of the Jammu and Kashmir State.
(2) The government may, by notification in the Jammu and Kashmir Government Gazette, direct that the whole or any of its provisions shall not apply to any local area within the State.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context.-
"adult" means a person who has completed his eighteenth year;
"Board" means the Board of Film Censor constituted by the Jammu and Kashmir Government under section 6-A;
"cinematograph" includes any apparatus for the representation of moving pictures or series of pictures ;
"place" includes also a house, building, tent or vessel ; and
"prescribed" means prescribed by rules made under this Act.
3. Cinematograph Exhibition to be licensed. - Save as otherwise provided in this Act, no person shall give a public exhibition by means of a cinematograph elsewhere than in a place licensed under this Act, or otherwise than in compliance with any conditions and restrictions imposed by".such licence.
4. Licensing Authority. - The authority having power to grant licences under this Act (hereinafter referred to as the "licensing authority") shall be the District Magistrate :
Provided that, the Government may, by notification in the Jammu and Kashmir Government Gazette, constitute for the whole or any part of the State such other authority as may be specified in the notification to be the licensing authority for the purpose of this Act.
5. Restrictions on powers of licensing authority. - (1) The licensing authority shall not grant a licence under this Act unless it is satisfied that-
(a) the rules made under this Act have been substantially complied with ; and
(b) adequate precautions have been taken in the place in respect of which the licence is to be given to provide for the safety of persons attending exhibitions therein.
(2) A condition shall be inserted in every licence that the licensee will not exhibit or permit to be exhibited in such place any film other than a film which has been certified as suitable for unrestricted public exhibition or public exhibition restricted to adults by the Board of Censors constituted by the Government and which, when exhibited, displays the prescribed mark of that Board and has not been altered or tampered with in any way since such mark was affixed thereto ; or that no film prohibited by the Government shall be imported or shown.
(3) A further condition shall be inserted in every licence that the licencee will not exhibit or permit to be exhibited in public an advertising matter consisting of or containing any pictorial representation which has not been certified as suitable for publication by the Board of Censors constituted by the Government, or distribute or publish or cause to be distributed or published any such matter.
(4) Subject to the foregoing provisions of this section and to the control of the Government the licensing authority may grant licences under this Act to such persons as it thinks fit and on such terms and conditions and subject to such restrictions as it may determine :
Provided always that, the Government may prohibit the grant of a licence to prevent any common injury, danger or annoyance to the public or to the people in general, who dwell or occupy property in the vicinity of the place in respect of which the licence is to be given
(5) Any person aggrieved by the decision of a licensing authority refusing to grant a licence under this Act may, within such time as may be prescribed, appeal to the Government or to such officer as the Government may specify in this behalf, and the Government or the or officer, as the case may be, may make such order as it or he thinks fit.
(6) The Government may, from time to time, issue directions to licensees generally or to any licensee in particular for the purpose of regulating the exhibition of any films or class of films, so that scientific films, films intended for educational purposes, films dealing with news and current events, documentary films or indigenous films secure an adequate opportunity of being exhibited, and where any such directions have been issued those directions shall be deemed to be additional conditions and restrictions subject to which the licence has been granted.